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PEOPLE v. CUNNY

2014-11394. Index No. 9785/12.

163 A.D.3d 708 (2018)

80 N.Y.S.3d 457

2018 NY Slip Op 05191

The People of the State of New York, Respondent, v. Charles Cunny, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 11, 2018.

Ordered that the judgment is affirmed.

On the morning of June 7, 2012, the complainant was struck in the back of the head with a metal bat as he was walking past a construction site with his companion (hereinafter the complainant's companion). The complainant never saw the assailant, but the complainant recognized the assailant's voice as the voice of the defendant. The complainant and the defendant had known each other...

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